I need help with my situation!

[MissStacey 1]

Ok here is my situation: I am Canadian and am married an American. We got married in the US. We send in the I 130 form. I came to Canada for a visit and was denied re-entry (Yes, I know now that was a huge mistake coming to Canada) Anyway, my I 130 is approved and my husband sent in a form (I 184 I think) so that my case will be sent to the US Consulate in Canada. My question is what we do next? I am unsure if we have to file an 1 485 or if I just wait to find out about getting my Biometrics done, and wait until I can make my appointment in Montreal for my Visa. This process has been so confusing to us. What are the best steps to take to be back with my husband in the US? My husband went to an Immigration Lawyer in the US, the lawyer said nothing about I 485, he said at this point it is just a wait. Any advise is appreciated, Thank you!

[kim&james 0]

unless you are coming to america on the K3, forget about I485. That is for people who are adjusting their status while already in the States. It appears that yuo are going through the CR/IR route that will give you a green card upon entry. You might want to have a read up on that forum.

So where your case stands... Your husband has been sending in the forms to the NVC and your case is about to go to the consulate in Canada?

if so then you are nearly at the end... only your medical and interview to go...

What will happen is you will recieve a packet from the embassy with details on the next steps in the process....

Pretty much for once I agree witht the lawyer, just sit back and wait a bit, it seems like everything is happening on track.... and check out the CR/IR (I130) forum

[MissStacey 1]

I think right now, my case has been sent off to the State dept and then it will be forwarded to Canada. I have no idea where anything is at at the moment. we got notification that they receiced the I 824.

[kim&james 0]

I think right now, my case has been sent off to the State dept and then it will be forwarded to Canada. I have no idea where anything is at at the moment. we got notification that they receiced the I 824.

the I864? was it the financial lot they were asking for? affidavit of support?

This guide should be able to help with letting you know where your up too

http://www.visajourney.com/forums/index.ph...page=i130guide1

[MissStacey 1]

THANK YOU!!!! We have struggled to find info like that, an actual list of the things you need and what to do. The uscis.gov website has not helped at all. The info there is very vague. Thanks again!!

[aussiewench 9]

I think right now, my case has been sent off to the State dept and then it will be forwarded to Canada. I have no idea where anything is at at the moment. we got notification that they receiced the I 824.

the I864? was it the financial lot they were asking for? affidavit of support?

For future reference the I-824 is Application for Action on an Approved Application or Petition, which we are going to be hearing a lot more of around here with the new process now in place for the I-130 once approved.

Edited December 5, 2006 by aussiewench

[shree_anil 0]

For future reference the I-824 is Application for Action on an Approved Application or Petition, which we are going to be hearing a lot more of around here with the new process now in place for the I-130 once approved.

Does that mean my approved I-130 will not be sent to the NVC unless I file an I-824? (I don't have an NOA2 for K3).

[meauxna 15]

I think right now, my case has been sent off to the State dept and then it will be forwarded to Canada. I have no idea where anything is at at the moment. we got notification that they receiced the I 824.

the I864? was it the financial lot they were asking for? affidavit of support?

For future reference the I-824 is Application for Action on an Approved Application or Petition, which we are going to be hearing a lot more of around here with the new process now in place for the I-130 once approved.

But that still doesn't explain why Wilhelmina & Co filed I-824 for their case.

She says it's because she was out of the US, but if they never filed I-485, the I-130 would automatically go to NVC anyway.

[Robor007 0]

But that still doesn't explain why Wilhelmina & Co filed I-824 for their case.

She says it's because she was out of the US, but if they never filed I-485, the I-130 would automatically go to NVC anyway.

I thought under the new process the I-130 stays at the Service Center unless the petitioner files an I-824 to have it forwarded to the NVC?

[MissStacey 1]

When we filed the I 130, I was in the US. I left to visit Canada and was denied entry back to US. We were told that the I 824 would have my file sent to a US Consulate in Canada. Now I'm waiting to find out where it will go, and hear from them about receiving my packag

We filed that after my I 130 was approved. At least now I have found the site that is actually giving me the answers I have been looking for. Everyone here and been amazing! Thank you!!!!

Edited December 5, 2006 by Wilhelmina

[meauxna 15]

When we filed the I 130, I was in the US. I left to visit Canada and was denied entry back to US. We were told that the I 824 would have my file sent to a US Consulate in Canada. Now I'm waiting to find out where it will go, and hear from them about receiving my packag

We filed that after my I 130 was approved. At least now I have found the site that is actually giving me the answers I have been looking for. Everyone here and been amazing! Thank you!!!!

Curious who you were told by? I wonder if they just made the assumption that you'd filed I-485 even though you hadn't (which you should have, if you were really doing what you were planning doing).

Water under the bridge now, but serves as a warning for others.

[MissStacey 1]

My husband went for a Consult with an Immigration Lawyer in Louisiana. The Laywer said there wasn't much he could do for us, right now it is just a waiting game. He was the one who told Mel to file that. He also never said anything about the I 485. I was wondering for a while if we were supposed to file one, but I know now that we won't do the I 485 until after I am in The US.

[riblet 0]

If you already have an approved I130 and are pursuing that, you will enter the U.S. as a permanent resident after your interview in Montreal and will not have to deal with the I485 or AOS.

If you enter on a K3, then you would have to either AOS or return to Montreal for the consular processing of the I130.

Edited December 5, 2006 by riblet

[aussiewench 9]

I think right now, my case has been sent off to the State dept and then it will be forwarded to Canada. I have no idea where anything is at at the moment. we got notification that they receiced the I 824.

the I864? was it the financial lot they were asking for? affidavit of support?

For future reference the I-824 is Application for Action on an Approved Application or Petition, which we are going to be hearing a lot more of around here with the new process now in place for the I-130 once approved.

But that still doesn't explain why Wilhelmina & Co filed I-824 for their case.

She says it's because she was out of the US, but if they never filed I-485, the I-130 would automatically go to NVC anyway.

Its not an automatic anymore M. Gone are the days of following both paths as a given. http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

In Wilhelmina's case, she was told to file the I-824 to transfer her case to the NVC and onto the consulate. Not unlike many will now have to do if they have a parallel I-129F. There is anecdotal evidence trickling in that regardless of what one answers in Q22 (The only place on the form where one can hope to satisfy USCIS directive to answer clearly as to whether you wish to apply for a visa at a consulate abroad), if they have an approved I-129F it is appears to be being assumed they will be adjusting status in the US.

Yes her lawyer sucked in not having the I-485 filed along with the I-130 when she was in the US. As you say, water under the bridge now.

[MissStacey 1]

That was only a few weeks ago Mel went to the Lawyer. We did the I 130 on our own. He went more to find out if anything could be expodited to get me back faster.